nevada ethics in government law
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Nevada Ethics in Government Law. Prepared by: Nevada Commission on Ethics. Nevada Commission on Ethics Vision & Mission Statement. VISION Principled public servants preserving the public trust. MISSION - PowerPoint PPT PresentationTRANSCRIPT
Nevada Ethics in Government Law
Prepared by:Nevada Commission on Ethics
Nevada Commission on EthicsVision & Mission Statement
VISION Principled public servants preserving
the public trust.
MISSION The Commission strives to have public officers and public employees uphold the public trust by
committing themselves to avoid conflicts between their private and public interests.
Nevada Commissionon Ethics Interprets and provides guidance on the
provisions of the Ethics in Government Law Investigates and adjudicates ethics
complaints Accepts financial disclosure statements of
certain public officers
Nevada Commissionon Ethics Appointing Authorities:
Legislative Commission and Governor
Commission on Ethics8 members
Executive DirectorPatricia D. Cafferata
Carson City
Commission CounselAdriana G. Fralick
Carson City
Exec. Asst.Michelle EneCarson City
Senior InvestigatorMatt Di OrioLas Vegas
Research Analyst Tami DeVries
Las Vegas
Why do we needan Ethics Commission
anyway?
[Because power corrupts] “Society’s demands for moral authority and character increase as the importance of the position increases.”
- John Adams, American Founding Father and second U.S. president (1735-1826)
Required Disclosures under the Ethics in Government Law
NCOE = Nevada Commission on Ethics
SOS = Nevada Secretary of State
ACK = Acknowledgement of Statutory Ethical Standards
FDS = Financial Disclosure Statement
ARD = Agency Representation Disclosure
WHO WHAT WHEN (Due Date)
WHERE
Appointed to fill an unexpired term of an elected or appointed public officer position
FDS Within 30 days of appointment
NCOE
ACK Filed w/ 1st FDS within 30 days of appointment
NCOE
Appointed public officer
FDS Jan. 15th NCOE
ACK Filed w/ 1st FDS before Jan. 15th
NCOE
Elected officer FDS Jan. 15th SOS
ACK Filed w/ 1st FDS before Jan. 15th
NCOE
Annually appointed and elected public officer
FDS Jan. 15th NCOE (appointed)SOS (elected)
ARD Jan. 15th NCOE
Candidate Consult with the Secretary of State’s office www.sos.state.nv.us
Opinions & Complaints Advisory opinions about past, present, or
future conduct of public officers/employees (first-party request)
Ethics complaints about conduct of public officers/employees (third-party request)
Advisory Opinion“It would be impossible to draft an ethics legislation that would cover every possible case but that the saving grace of this legislation is that the individual in a ‘twilight’ area can request an opinion before taking an action.”
~ Senator Richard Bryan, Sponsor of SB 351 in the 1977 Session of the Nevada Legislature .in the Joint hearing Senate Gov’t Affairs and Assembly Elections Committees, March 28, 1977
Cites for Ethics Complaints a/k/a “Code of Ethical Standards” NRS 281A.400
NRS 281A.410 NRS 281A.420 NRS 281A.430
NRS 281A.510 NRS 281A.520 NRS 281A.620
Commission JurisdictionPublic officer: Elected or appointed Exercises public power, trust, or duty
Exercises administrative discretion/formulates policy;
Expends public money; and Administers laws and rules of state, county or
city.NRS 281A.160
Exclusions:Public officer does not include: Judges or officers of the court system Those serving in an advisory capacity Certain general improvement district
members or county health officers
Commission JurisdictionPublic employee: Performs public duties for compensation at
state, county, or city level; and Actions directed or controlled by a public
officer.
NRS 281A.150
“Nobody should be trying to line their pockets by serving in a public office”
~ Assemblyman Joe Dini, Sponsor of AB 450 1977 Session of the Nevada LegislatureJoint hearing Senate Gov’t Affairs and Assembly Elections Committees, March 28, 1977
Ethics in Government – Prohibitions Accepting gifts, services, favors,
employment, economic opportunities, etc. which would improperly influence.
Using a public office to secure unwarranted privileges, preferences, exemptions, or advantages.
NRS 281A.400
“When I once asked a policeman how some of his colleagues got started on the downward path, he replied, ‘It generally began with a cigar.’”.
~ Senator Paul H. Douglas Ethics in Government, (1952)
Ethics in Government – Prohibitions Participating as an agent of government in
the negotiation or execution of contracts with a business in which the person has a pecuniary interest.
Accepting a salary or other compensation from a private source for performing public duties.
NRS 281A.400
Ethics in Government – Prohibitions Using confidential information to further a
pecuniary interest or that of others. Suppressing governmental reports or
documents which might tend to unfavorably affect a pecuniary interest.
NRS 281A.400
Ethics in Government – Prohibitions Attempting to benefit a personal or financial
interest by influencing subordinates. Seeking other employment or contracts
through the use of the public office.
NRS 281A.400
Ethics in Government – Prohibitions Using governmental time, property,
equipment, or other facility to benefit a personal or financial interest. Limited personal use is allowed if four specific criteria are met:
NRS 281A.400.7(a)
Limited Personal Use of Governmental Property – Criteria1. Use is authorized by the responsible public officer
or the use is necessary in an emergency.2. Use does not interfere with the performance of
public duties.3. Cost or value of use is nominal. AND4. Use does not create the appearance of
impropriety.
Additional standards for public officers One-year cooling off period after leaving
public service (NRS 281.236, NRS 281A.410)
No contracts between governmental agencies and private businesses in which you have a pecuniary interest
(NRS 281A.430)
Additional standards for public officers
No honorariums (NRS 281A.510)
Causing a governmental entity to make expenditures to support or oppose a ballot question or candidate
(NRS 281A.520)
Criminal statutes applicable to public officers
Anti-nepotism provisions(NRS 281.210)
Prohibited contracts (NRS 281.221) No personal profits from public office
(NRS 281.230)
These statutes are not within the jurisdiction of the NCOE.
What is a‘conflict of interest’ anyway?
“Wherever government controls a business, it becomes inevitable that the business should try to control the government”
- Paul H. Douglas, Former U.S. Senator“Ethics in Government” (Harvard University Press 1952)
Conflict of Interest
A real or seeming incompatibility between one’s private interests and ones public or fiduciary duties.
~ Black’s Law Dictionary, Eighth Edition
Appearance of Impropriety
Conduct which would create in reasonable person’s mind a perception that the public officer’s/employee’s ability to carry out their responsibilities with integrity, impartiality, and competence is impaired.
Who is this “Reasonable Person”?
A hypothetical person used as a legal standard, …a person who exercises the degree of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own and of others interests. The reasonable person acts sensibly, does things without serious delay, and takes proper but not excessive precautions.
~Blacks Law Dictionary, Eighth Edition
Avoiding Conflict Situations Disclose Disclose Disclose Disclose Disclose Disclose Disclose
Voting, Disclosing, & Abstaining
Voting is permissible if the value which the person would accrue as a result is no greater than the value which accrues to anyone else.
When in doubt, disclose the interest and vote.
NRS 281A.420.1
Voting, Disclosing, & Abstaining
Disclosure is mandatory for any interest created by: A gift or loan A pecuniary interest A commitment in a private capacity to the
interests of others Disclosure must be public and at the time the
measure is considered.NRS 281A.420.4
Voting, Disclosing, & Abstaining
Prohibits advocating or voting for the passage or failure of, but otherwise allows active participation in, a matter if independent judgment would be affected by: A gift or loan A pecuniary interest A commitment in a private capacity to the interests of
othersNRS 281A.420.2
Commitment in a Private Capacity to the Interests of Others
A commitment to a person who: Is a member of the household; Is related by blood, adoption, or marriage within 3rd
degree of consanguinity/affinity; Employs the person or a household member; or With whom the person has substantial or continuing
business relationship.OR, other similar relationships.
NRS 281A.420.8
Degrees of Consanguinity/Affinity
Public Officer
Pecuniary Interest A monetary interest or an interest that can be
valued in money. Campaign contributions are not pecuniary
interests, and do not require disclosure if they are reported timely and as required under statute. NRS 281A.420.4(c)
Nevada Commissionon Ethics
3476 Executive Pointe Way, Suite 10Carson City, NV 89706775.687.5469775.687.1279 (fax)
2030 East Flamingo Road, Suite 125Las Vegas, NV 89119702.486.7250702.486.7252 (fax)
http://ethics.nv.gov